TERMS & CONDITIONS
Welcome to the Fogo Americano website (the "Site"). By accessing or using the Site, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, please do not use the Site.
Use of the Site
- You may use the Site for personal, non-commercial purposes only.
- You may not use the Site for any illegal or unauthorized purpose.
- You may not use the Site to transmit any viruses or other harmful or malicious content.
Purchases
- All purchases made through the Site are subject to our Return Policy. Fogo Americano warrants its product against defects in manufacturing and material under normal and proper use (see Warranty Policy here). Fogo Americano will make the final determination, and decisions will be made on a case by case basis. Please contact us to confirm details in advance. This warranty is non-transferable and is only valid with the presentation of the purchase receipt.
Disclaimer
- The Site and its content are provided on an "as is" and "as available" basis. Fogo Americano makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. Fogo Americano will not be liable for any damages of any kind arising from the use of the Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Governing Law
- These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law.
Changes to the Terms of Use
- Fogo Americano reserves the right to change these Terms of Use at any time without notice. Any changes will be effective immediately upon posting on the Site. It is your responsibility to review these Terms of Use periodically for any changes. Your continued use of the Site after any changes are posted will constitute your acceptance of those changes.
Miscellaneous
- These Terms of Use constitute the entire agreement between you and Fogo Americano and govern your use of the Site, superseding any prior agreements or understandings. If any part of these Terms of Use is determined to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect. The failure of Fogo Americano to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that any claim or cause of action arising out of or related to the use of the Site or these Terms of Use must be filed within one (year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
Indemnification
- You agree to indemnify and hold Fogo Americano and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your violation of these Terms of Use, or your violation of any rights of another.
Severability
- If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.
Assignment
- These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Fogo Americano without restriction. Waiver: Any failure by Fogo Americano to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.
Entire Agreement
- These Terms of Use and our Privacy Policy constitute the entire agreement between you and Fogo Americano and govern your use of the Site, superseding any prior agreements or understandings.
Contact Us
- If you have any questions about these Terms of Use, please contact us at:
Effective Date: 01/01/2023
WAIVER OF LIABILITY
Fogo Americano ("Company") is providing this Waiver of Liability ("Waiver") for your review and acceptance. This Waiver applies to all products, services, and activities offered or provided by the Company.
By using or purchasing any products, services, or activities offered or provided by the Company, you agree to the terms of this Waiver. If you do not agree to the terms of this Waiver, you must not use or purchase any products, services, or activities offered or provided by the Company.
You acknowledge and agree that the use of the Company's products, services, and activities carries inherent risks and dangers, and that accidents and injuries may occur. You understand that these risks and dangers may be caused by your own actions or inactions, the actions or inactions of others participating in the products, services, or activities, or the condition of the premises where the products, services, or activities are offered or provided.
You hereby waive any and all claims against the Company, its officers, directors, employees, agents, and representatives, and any other person or entity involved in the operation of the products, services, or activities, for any and all injuries, damages, or losses that you may sustain as a result of your use or purchase of the products, services, or activities. You assume full responsibility for any and all injuries, damages, or losses that you may sustain as a result of your use or purchase of the products, services, or activities.
You hereby release and forever discharge the Company, its officers, directors, employees, agents, and representatives, and any other person or entity involved in the operation of the products, services, or activities, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether known or unknown, arising out of or related to your use or purchase of the products, services, or activities.
This Waiver is intended to be as broad and inclusive as permitted by the laws of the State of Minnesota. If any portion of this Waiver is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
By using our products or services, or participating in any of our activities, you acknowledge that you have carefully read this Waiver and fully understand that it is a release of liability. You expressly agree to release and discharge Fogo Americano and all other persons or entities from any and all claims or causes of action and you voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Company for personal injury or property damage.
You further acknowledge that you are 18 years of age or older, or have obtained the consent of a parent or legal guardian to use our products or services or participate in our activities. If you are under the age of 18, you may only use our products or services or participate in our activities with the supervision and consent of a parent or legal guardian.
By using our products or services, or participating in any of our activities, you agree to be bound by the terms of this Waiver. If you do not agree to the terms of this Waiver, you must not use our products or services or participate in our activities.
INDEMNITY AGREEMENT
By accessing or using the products, services, or activities provided by Fogo Americano ("Company"), you agree to indemnify and hold the Company, its officers, directors, employees, agents, and representatives, and any other person or entity involved in the operation of the products, services, or activities, harmless from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether known or unknown, arising out of or related to your participation in the products, services, or activities.
This Indemnity Agreement is intended to be as broad and inclusive as is permitted by law. If any portion of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
By accessing or using the products, services, or activities provided by the Company, you agree to this Indemnity Agreement and waive any and all claims against the Company, its officers, directors, employees, agents, and representatives, and any other person or entity involved in the operation of the products, services, or activities.